Bail is the rule and jail is the exception, particularly when the recovered quantity of narcotics is non-commercial, the investigation is complete, and continued detention would violate the right to personal liberty under Article 21 of the Constitution of India.

ORDER

[1.0] RULE.

Learned APP waives service of rule for the respondent-State.

[2.0] The present application is filed under Section 483 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (for short “BNSS”) for regular bail in connection with FIR being C.R. No. 11200011260322 of 2026 registered with Valsad Rural Police Station, Dist. Valsad, for the offence under Sections 8(c), 20(b)(ii)B and 29 of NDPS Act .

[3.0] Learned advocate appearing on behalf of the applicant submits that applicant is innocent and has been falsely implicated in the offence. Investigation is over and chargesheet has been filed. Allegation against the applicant is that, he was supplier of the contraband substance which is not commercial quantity. It is submitted that, nothing is recovered from the conscious possession of the applicant and not only that, based on the statement of co-accused, the applicant is arraigned as an accused. He therefore submits that, considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

[4.0] Learned APP appearing on behalf of the respondent-State has opposed the present application and submitted that, the applicant is facing serious charges and involved in trafÏcking of narcotic drugs. Therefore, it is very much establishes that the applicant is involved in the offence and if he is granted bail, possibility cannot be ruled out to indulge himself in such type of offence again. Considering the gravity of offence, application does not deserve any consideration.

[5.0] While granting bail, the Court has to consider the involvement of the accused in the alleged offence, the jurisdiction to grant bail has to be exercised on the basis of the well settled principles having regard to the facts and circumstances of each case and the following factors are to be taken into consideration while considering an application for bail:

(i) the nature of accusation and the severity of the punishment and the nature of the materials relied upon by the prosecution;

(ii) reasonable apprehension of tampering with the witnesses and threat to the complainant or the witnesses;

(iii) reasonable possibility of securing the presence of the accused at the time of trial or the likelihood of his abscondence;

(iv) character behaviour and standing of the accused and the circumstances which are peculiar to the accused;

(v) larger interest of the public or the State and similar other considerations are required to be considered.

[6.0] I have heard the learned advocates appearing on behalf of the respective parties and perused the investigation papers. Following aspects have been considered:

(1) Investigation is over and chargesheet has been filed;

(2) Applicant is behind the bar since 18.03.2026;

(3) There is nothing to be recovered or discovered from the applicant;

(4) There is no possibility to conclude the trial in near future.

(5) Having no similar type of offence.

(6) Based on the statement of co-accused, he has been arraigned as an accused.

(7) Recovered quantity is not commercial quantity and therefore, rigorous of Section 37 would not be applicable.

[7.0] This Court has also taken into consideration the law laid down by the Hon'ble Apex Court in the case of Sanjay Chandra vs. Central Bureau of Investigation reported in [2012]1 SCC 40 as well as in the case of Gudikanti Narasimhulu And Ors vs. Public Prosecutor, High Court of Andhra Pradesh reported in (1978)1 SCC 240. Obviously, the conclusion of trial will take time and keeping the accused behind the bars is nothing but amounts to pre-trial conviction and therefore, considering the celebrated principle of bail jurisprudence is that “bail is a rule and jail is exception” as well as the concept of personal liberty guaranteed under Article 21 of the Constitution of India, present application deserves consideration.

[8.0] In the facts and circumstances of the case and considering the nature